PRITAM SINGH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS appeal, is directed, against the judgement and decree, dated 05.09.2006, rendered by the Court of District Judge, Yamunanagar, vide which, it accepted the appeal, and set aside the judgement and decree dated 01.10.2004, rendered by the Court of Additional Civil Judge (Senior Division), Jagadhri, vide which, it decreed the suit of the plaintiff/appellant.

(2.) THE plaintiff/appellant claimed himself to be the owner of the land, in dispute. It was stated that the defendants/respondents, had no right, and title, in the property, but they proposed to dig the area, to lay sewerage pipe unauthorizedly. It was further stated that the land had not been acquired by the State, in public interest. It was further stated that the berms of the metalled road, were available, to the defendants, to lay the sewerage pipeline, instead of unauthorizedly interfering into the possession of the plaintiff/appellant, over the land, owned by him. It was further stated that, despite the injunction order, passed by the Court, the defendants laid a sewerage pipe, in the land of the plaintiff/appellant. Accordingly, a suit for mandatory injunction, was filed.

(3.) ON the pleadings of the parties, the following issues were struck :-